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Old 03-07-2014, 06:25 PM
 
Location: Illinois
181 posts, read 417,239 times
Reputation: 158

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Was laid off in November, took a job in January that I know will be fired from because I refuse to work 60 hours a week. If they had mentioned during the interview they expected 60 hour work weeks I would've never taken the job. So, if I get fired can I open up my original claim from November lay off. Thanks!
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Old 03-07-2014, 06:53 PM
 
14,508 posts, read 29,087,416 times
Reputation: 2562
You can try to reopen it, but you'll be going through a separation issue on why you got fired. Save your money because it's going to be a while for your benefits to kick back in if they ever do.
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Old 03-07-2014, 07:10 PM
 
Location: Illinois
181 posts, read 417,239 times
Reputation: 158
They were not up front about the work schedule/hours, was never mentioned. I would think that would be a good enough reason for leaving. If I quit, no way I'd get unemployment back, so just waiting to be fired pretty much, while looking for another job of course.
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Old 03-07-2014, 07:19 PM
 
14,508 posts, read 29,087,416 times
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No, you're not thinking it through. Being fired for not coming to work or leaving early is misconduct. Doing what you're doing may very well push the issue into "constructive quit" territory. There's a difference between not coming into work, and the employer firing you because you can't work 12-hour day they require, and you not telling them so.

If you can't work those hours, you must go to your employer to try to "adjust your grievance." (obtain proof that you did so.) You don't get to just keep missing work. You have to give your employer a chance to fix the problem so that you can remain employed and keep the job on terms more in line with what is standard for this type of work.

Working long days can be good cause to quit, and you should treat it so. Not addressing the problem, is treated as "acceptance." Besides that, IL is one of the few states that let you quit an unsuitable job provided you do it soon enough. How long have you been working there?

http://workforcesecurity.doleta.gov/...onmonetary.pdf see page 5-9. Why in the world didn't you come back here the second this started happening to you? You may have dug yourself a hole now that you can't get out of.
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Old 03-07-2014, 07:33 PM
 
Location: Illinois
181 posts, read 417,239 times
Reputation: 158
Started the job in the middle of January. Just yesterday they told me the work wasn't getting done, i.e., you need to work more hours, without really saying that, but that is what is implied. Talked to the person who had the job before me and he had to put in 12 hour days in order to get the work done. So they expect you to work about 12 hours a day to get the work done. I feel the work schedule should've been discussed during the interview. They don't care if you're there 13 hours, just make sure the work gets done. I have mentioned to others that I cannot work 12 hour days and the boss pretty much knows I can't, though it's never been really verbally expressed. They're understaffed of course.
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Old 03-07-2014, 07:41 PM
 
14,508 posts, read 29,087,416 times
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If you get fired because you're not getting the work done, that's poor performance, and no worries. However, if your write ups are about attendance, you need to start acting like this will be adjudicated as a quit, and act accordingly. Go to your boss or preferrably email so you have proof that you tried to get a schedule that is in line with "prevailing."
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Old 03-07-2014, 08:00 PM
 
Location: Illinois
181 posts, read 417,239 times
Reputation: 158
There's no attendance problem, been there everyday and even had to travel to another state for orientation. All that was said is, the work is not getting done, and that is because I'd have to work more hours to get it done. What I find strange is that they've never come right out and said you need to work more hours. I have worked overtime and gone in on a few Saturdays. Is there a legal reason or something that they would not out and out say "you need to put in a lot more hours." I have a paper they wrote up that spells out what needs to be done, and there is no way it can be done in 8 or 9 hours, even 10. The person who had the job before had to work 12 hours a day to get all that work done. I've already talked to an HR person and explained that the work load requires about 12 hours/day and I wasn't made aware of that at the time of hire. Should I just go to my boss and explain that I want to do what needs to be done, that's not the issue, but I can't work 12 hour days to get all they want done. I worked for 27 years for one employer before this job until the layoff and have an excellent work history. I could put in a lot more time at this job if I liked it, but I don't, it's not a great work environment.
Thanks for your help Chyvan!
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Old 03-07-2014, 08:45 PM
 
14,508 posts, read 29,087,416 times
Reputation: 2562
No, I thought you were getting write ups because you were leaving earlier or not going to work. Being written up because you can't get all the work done is not misconduct provided you've never gotten all the work done. You can continue to do what you are doing. Only if they start making this about hours rather than performance, you don't need to go see your boss. However, if you wanted do want to try to keep this job, the next time they write you up for work not getting done, tell them to hire an additional person.
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Old 03-07-2014, 09:01 PM
 
Location: Illinois
181 posts, read 417,239 times
Reputation: 158
I think I did mention they need to hire at least one other person. Before I started I guess they all decided they wanted the overtime instead of hiring more people. So how would this affect opening my original unemployment claim again? I haven't been there 2 months and like that link says, IL doesn't automatically disqualify you if the new work is unsuitable. For me, 12 hour days is unsuitable LOL, especially when it wasn't pointed out to me during the hiring process. I don't mind some overtime, but not 60+ hours/week. Can I quit and be able to try and reopen it because it was unsuitable work hours? What a waste of my time with this job, I could've kept looking for something else. I really don't want to keep this job, I'm on the hunt for something else.
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Old 03-07-2014, 09:26 PM
 
14,508 posts, read 29,087,416 times
Reputation: 2562
Someone else from IL had a new job and was told that it was 30 days. You're past that. Just let them fire you because you're not getting the work done in a 40 hour week.
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